Agenda, decisions and minutes

RESOLVED that the minutes of the meeting of the Licensing Committee held on 30 July 2019 be confirmed and signed.

None.

In the matter of this Premises Licence review,the Committee has considered all the relevant representations made by all parties.

The Committee has made the following determination with a view to ensuring the promotion of the licensing objectives in accordance with the provisions of the secretary of state’s guidance and the principles of our licensing policy:

With a view to ensuring the promotion of the licensing objectives, in accordance with the provisions of the statutory guidance and the principles of our licensing policy, the licensing hours were restricted as follows:

            Sunday to Thursday reduction to Midnight

            Friday and Saturday reduction to 3am.

The following conditions were added to the licence.

·           At all times the premises are open to the public, including a promoted event, they shall be managed by the Premises Licence Holder/DPS.

·           During the provision of regulated entertainment, a personal licence holder employed by the premises must be on duty at all times.

·           The premises must take all reasonable steps to encourage onward journeys and ensure the customers of the premises do not loiter outside so not to cause a disturbance to the local residents and businesses.

·            When the premises is open to the public and door staff are employed, the premises must provide a member of staff to act as a parking/taxi marshal thus to prevent a nuisance to the local residents and other road users. This marshal must be clearly visible and must wear a hi-visibility jacket or tabard and to help ensure the safe journey home of its patrons.

·           A zero tolerance to illegal drugs shall be operated. Any person found in possession of illegal drugs, or who is witnessed offering illegal drugs or asking other for illegal drugs, will be ejected (or refused entry) and permanently banned from future entry to the premises.

·           The Premises licence Holder will allow uniformed Police to periodically attend the premises upon prior agreement with the Premises Licence holder/DPA in order to carry out advance drug searching techniques, including (but not limited to) requiring customers to take part in the drug analyser testing as a condition of entry and passive drug dog sweeps of the premises and queue.

·           A noise limiter must be fitted and maintained within the premises. The level of this meter must be set in accordance with required legislation and standards by a qualified sound engineer, so as not to cause a noise nuisance. The limiter must be sealed in such a way that no unauthorised person can tamper with it. All amplified music played at the premises must be passed through the noise limiter. An annual calibration of the noise limiter must take place by a qualified sound engineer and recorded in the incident book.

·           All windows and doors to remain closed when entertainment or live music is in progress.

In coming to a determination the Committee considered the following matters;

1.      Members of the Committee considered the representations made by the Crime, Enforcement and Regulation Service under the grounds of undermining the licensing objectives of  ...  view the full decision text for item 31.

3.1      The Chair welcomed all parties to the meeting and introductions were made. She then invited Ms Spall to introduce the application.

3.2      Ms Spall said that members were being asked to consider the application for a review of a premises licence for Club Vibes 2^nd Floor 100-104 Lewisham High Street SE13. The review had been sought by the Crime, Enforcement and Regulation service under the licensing objectives of public safety and the prevention of public nuisance. She outlined the current licensable activities for the premises.

            Applicant

3.3      Ms Hickmott said that the Crime and Enforcement Service (CER) have been receiving complaints of excessive loud music since 13 February 2019. A resident who lives near the property has complained about the noise nuisance particularly from the bass. Officers have been mediating between Club Vibes and the resident but have been unable to resolve the issue.

3.4      On 16 March 2019, officers visited the complainant’s house and witnessed loud music from the Club that could be heard at street level and in the property. Officers deemed the noise to be a statutory nuisance and an abatement notice was issued on 27 March 2019. However, officers continued to receive complaints of noise nuisance from the resident.

3.5      On 27 April, and 18 and 26 May 2019, officers visited the complainant’s property and witnessed loud music at street level and in the property. Patrons were also seen to be allowing entry beyond 2am which is in breach of their licence conditions. The CER team received two more complaints from residents in close proximity of the club.

3.6      Ms Hickmott said that parking is also a problem when the club is open. Officers have witnessed in excess of 50 cars parked in the area.  On one occasion, an ambulance was unable to get through parked cars to attend to a patron at the club. Officers explained to management that patrons who park close to the club were causing a problem.

3.7      On 16 June 2019 at 0145, officers were again in the resident’s property and witnessed a statutory nuisance. Ms Hickmott spoke to Mr Gordon about the excessive noise and was told that they were installing a sound limiter but had not yet received documentation from the installer to prove that the work had been done. Complaints of noise nuisance have continued up until this weekend. Mr Rees gave Ms Hickmott a copy of the receipt received following the installation of the sound limiter.

3.8      In an effort to relieve the pressure of cars parking in Lewisham High Street, patrons have been encouraged to park in the car park in Clarendon Rise. However, officers have received noise complaints from residents near the car park.

3.9      Ms Hickmott said that Mr Gordon has installed heavy duty fire doors in an effort to reduce noise nuisance, but the noise continues to affect the resident’s quality of life. She said that although the club is licensed 7 days a week, it only holds special events during  ...  view the full minutes text for item 31.

In the matter of the application for the variation of a Premises Licence, the Committee has considered the relevant representations made.

The Committee has made the following determination:

With a view to ensuring the promotion of the licensing objectives, in accordance with the provisions of the statutory guidance and the principles of our licensing policy, the application for the variation of a Premises Licence, was GRANTED.

In coming to a determination the Committee considered the following matters;

1,   The Committee noted the presentation made by residents. Celebrations for St Patrick’s day were held in March 2018. There was a lot of disturbance in the street late in to the night and patrons did not leave until midnight. Patrons were urinating in the street and two people who had been fighting had to be restrained.

2.   It was noted that objectors had attempted to discuss the issue of patrons staying on the premises beyond drinking up time, but considered that they were treated with contempt by management. They are concerned that the brewery will apply for increasingly later licences and music will be played until 11pm.

3.   The Committee noted the presentation made by the applicant. The business is well run and management aim to be a good employer by creating employment opportunities for young people in the area. The hours applied for are reasonable.

4.   The Committee noted the presentation made by the applicant. They recognise that their business is on a residential road and they are determined to be good neighbours. They will do everything reasonably possible to prevent any disturbance to neighbours

5.   Following feedback from residents, the following changes have been made:

·      Live amplified music will not be used on the premises

·      Door management has been strengthened. Drinks are not taken outside and customers encouraged to leave the road as quickly and quietly as possible

·           Rubbish is taken out in the daytime to avoid making unnecessary noise late in the evening.

6.   It was noted that in June 2018, a complaint was made directly to the Council regarding a boisterous group of customers who made a disturbance while waiting for cabs outside the brewery at the end of the evening. Following this complaint, management’s approach to dispersal of customers leaving the premises was reviewed.

7    Members noted that management have made efforts to establish good lines of communication with neighbours and have undertaken surveys and mail drops to residents.

8.   No representations were received from any responsible authorities.

9.   The Committee agreed that granting the application would promote the four licensing objectives.

4.1      The Chair welcomed all parties to the meeting and introductions were made. She then invited Ms Spall to introduce the application.

            Licensing Officer   

4.2      Ms Spall said that members were being asked to consider objections, received and raised by members of the public, to the application for a full variation of a premises licence lodged by The Brockley Brewing Company Ltd 31 Harcourt Road SE4. She outlined the current licence for the premises and the proposed new licence. One objection had been received from a member of the public in close proximity of the premises.

            Applicant

4.3      Mr Maddison gave a brief history of the premises and said that the business has a strong ethical focus. They want to do business the right way by aiming to be a good employer by creating employment opportunities for young people. They currently employ 10 staff on a full and part time basis and they are a London Living Wage employer.

4.4      Mr Maddison said that they also create a place for the community to come together:

• The Tap room – a low key, friendly place to meet and share a beer and meet friends.
• Teaching brewing skills at regular Brew School classes.
• Supporting local art and charity events, for example:
  • Brockley Open Studio – offering sponsorship and venue.
  • Brockley Max Art Events – offering sponsorship and venue.
  • Sunday evening “Brockley Shuffle” spoken word evenings have raised money for St Mungo’s Homelessness Charity.

4.5      Mr Maddison said that if their application is granted, it will allow them to expand their ability to host a range of activities for local people in the brewery and provide increased employment opportunities for young people. The revised hours will help sustain the business and enable them to plan further ahead bringing in further investment to improve the building and its environment.

4.6      Mr Maddison said that they fully recognise that the brewery is on a residential road and they are determined to be good neighbours. They will do everything reasonably possible to prevent any disturbance to neighbours. If the business causes a disturbance, then they will stop it and put in place reasonable measures to make sure it does not happen again.

4.7      Feedback has been received from residents and the following changes have been made:

·         Live amplified music will not be used on the premises.

·         Door management has been strengthened. Drinks are not taken outside and customers encouraged to leave the road as quickly and quietly as possible.

·         Rubbish is taken out in the daytime to avoid making unnecessary noise in the late evening.

4.8      A conscious decision was made not to apply for a later licence because they respect the quiet residential nature of the road and recognise the concerns of some of the neighbours.

4.9      In the lead up to this application a door to door survey was undertaken and a letter sent to local residents. The feedback received was overwhelmingly positive and supportive of the proposals. The concerns raised by a very  ...  view the full minutes text for item 32.